When an individual has an Order of Protection issued against them they
are required as a matter of law to turn in any firearms that they may
have. It does not matter whether or not a valid permit to have the firearm
exists. This remains in effect until the Order of Protection has expired
or has been withdrawn.
Upon attempting to retrieve these firearms from the police department most
police agencies will not turn them over. As such, legal action is required
to retrieve the firearms in the form of an Article 78 proceeding. Thereafter,
the Court will issue an order as to whether or not the police agency should
return the firearm.
On a side note, it is important for individuals to remember that firearms
are only held by police agencies for a period of time. Thereafter, the
firearms are destroyed. It is important not to delay in obtaining your
firearms after they have been taken.